To: | Brainwave Research Corporation (ridbee@ridoutmaybee.com) |
Subject: | U.S. Trademark Application Serial No. 88167514 - ALLSAFE - 51059-3025 |
Sent: | August 27, 2019 02:17:58 PM |
Sent As: | ecom101@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 88167514
Mark: ALLSAFE
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Correspondence Address: BENJAMIN MAK; RIDOUT & MAYBEE LLP |
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Applicant: Brainwave Research Corporation
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Reference/Docket No. 51059-3025
Correspondence Email Address: |
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The USPTO must receive applicant’s response to this letter within six months of the issue date below or the application will be abandoned. Respond using the Trademark Electronic Application System (TEAS). A link to the appropriate TEAS response form appears at the end of this Office action.
Issue date: August 27, 2019
This Office action is in response to applicant’s communication filed on August 1, 2019.
Requirement Maintained -- Identification of Goods
Applicant may substitute the following wording, if accurate:
“Electrical receptacles; Power strips and multi-outlet electrical converters; In-wall electrical receptacles; Circuit
breaker panel boards; In-line monitoring controllers for power lines within buildings; Electrical controllers; Controllers for detecting power line conditions within buildings and configured for
wireless or wired communication in relation to the power line conditions; Home and office monitoring and electrical power control systems comprising circuit breakers, electrical power monitors, power
switching devices, embedded circuit boards and energy saving power control devices in the nature of <specify the devices by common commercial name> for
controlling and operating home appliances; Appliances; Circuit boards for embedding within appliances for electrically controlling the appliances; Downloadable
software for controlling and monitoring appliances, lighting, HVAC, security, locks, thermostats, security cameras, sound systems, video displays, computers, carbon monoxide
detectors, smoke detectors, and other home and office electrical safety monitoring and control applications in the nature of electrical power monitors, control of circuit breakers, power switching
devices and energy saving power control devices,” in International Class 9.
Applicant may amend the identification to clarify or limit the goods and/or services, but not to broaden or expand the goods and/or services beyond those in the original application or as acceptably amended. See 37 C.F.R. §2.71(a); TMEP §1402.06. Generally, any deleted goods and/or services may not later be reinserted. See TMEP §1402.07(e). For assistance with identifying and classifying goods and services in trademark applications, please see the USPTO’s online searchable U.S. Acceptable Identification of Goods and Services Manual at http://tess2.gov.uspto.report/netahtml/tidm.html. See TMEP §1402.04.
The requirement for an acceptable identification of goods is maintained.
Requirement -- U.S. Licensed Attorney Required
Applicant must be represented by a U.S.-licensed attorney. The application record indicates that applicant’s domicile is outside of the United States in Canada, but no attorney who is an active member in good standing of the bar of the highest court of a U.S. State or territory has been properly appointed to represent the applicant in this matter (see below). All applicants whose permanent legal residence or principal place of business is not within the United States or its territories must be represented by a U.S.-licensed attorney at the USPTO. 37 C.F.R. §§2.2(o), 2.11(a). Thus, applicant is required to be represented by a U.S.-licensed attorney and must appoint one. 37 C.F.R. §2.11(a). This application will not proceed to registration without such appointment and representation. See id. See Hiring a U.S.-licensed trademark attorney for more information.
To appoint or designate a U.S.-licensed attorney. To appoint an attorney, applicant should (1) submit a completed Trademark Electronic Application System (TEAS) Revocation, Appointment, and/or Change of Address of Attorney/Domestic Representative form and (2) promptly notify the trademark examining attorney that this TEAS form was submitted. Alternatively, if applicant has already retained an attorney, the attorney can respond to this Office action by using the appropriate TEAS response form and provide his or her attorney information in the form and sign it as applicant’s attorney. See 37 C.F.R. §2.17(b)(1)(ii).
Advisory -- Revocation of Power of Attorney Not Properly Signed
A revocation of power of attorney was filed on August 13, 2019; however, it was not properly signed because it was unsigned by applicant or someone with legal authority to bind applicant. See 37 C.F.R. §§2.19(a)(1), 2.193(e)(3); TMEP §§604.03, 606. Thus, the USPTO will not process this revocation and will continue to recognize the current attorney of record as applicant’s representative. See TMEP §§604.03, 606. For this reason, the applicant must properly appoint a U.S. licensed attorney as the prior appointment was not properly executed.
TEAS PLUS OR TEAS REDUCED FEE (TEAS RF) APPLICANTS – TO MAINTAIN LOWER FEE, ADDITIONAL REQUIREMENTS MUST BE MET, INCLUDING SUBMITTING DOCUMENTS ONLINE: Applicants who filed their application online using the lower-fee TEAS Plus or TEAS RF application form must (1) file certain documents online using TEAS, including responses to Office actions (see TMEP §§819.02(b), 820.02(b) for a complete list of these documents); (2) maintain a valid e-mail correspondence address; and (3) agree to receive correspondence from the USPTO by e-mail throughout the prosecution of the application. See 37 C.F.R. §§2.22(b), 2.23(b); TMEP §§819, 820. TEAS Plus or TEAS RF applicants who do not meet these requirements must submit an additional processing fee of $125 per class of goods and/or services. 37 C.F.R. §§2.6(a)(1)(v), 2.22(c), 2.23(c); TMEP §§819.04, 820.04. However, in certain situations, TEAS Plus or TEAS RF applicants may respond to an Office action by authorizing an examiner’s amendment by telephone or e-mail without incurring this additional fee.
How to respond. Click to file a response to this nonfinal Office action
/Michael P. Keating/
Trademark Attorney
Law Office 101
571-272-9177
Michael.Keating@uspto.gov (informal inquiries only)
RESPONSE GUIDANCE